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Case No. 17-1766

State of Iowa
Vadim Igorevich Shultsev


State of Iowa


Vadim Igorevich Shultsev

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Unes J. Booth

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 10, 2018

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (6 pages)

            Vadim Shultsev appeals convictions for driving while license revoked, asserting an actual-innocence claim, despite pleading guilty.  He asks this court to find the recent supreme court case, Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), permits him to raise an actual-innocence claim on direct appeal despite not challenging the underlying guilty plea.  OPINION HOLDS: Shultsev was still required to timely file a motion in arrest of judgment to challenge his guilty plea on direct appeal.  A direct appeal from an uncontested guilty plea is not a viable vehicle to introduce a claim of actual innocence.  Even if we could reach the merits of Shultsev’s claim, the record is inadequately developed.  We affirm. 

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